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Chapter 7: Law reform (7.1 The work of the Law Commission (7.1.2…
Chapter 7: Law reform
7.1 The work of the Law Commission
Set up in 1965 by the
Law Commissions Act 1695.
Section 3 sets out what the role is which it says "review all law with which they are respectively concerned with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the real of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of law."
7.1.1 Reform
The law commission chooses an area of law which is believed be in need of reform which could be referred by the Lord Chancellor himself. The Law Commission then starts researching the law and then posts a consultation paper seeking other peoples views. Then following the response they then draw up proposals and then they issue a final report.
7.1.2 Codification
Reviewing all the law on one topic and creating a complete code of law.
For some areas of law it is impossible as there is so much law and it can be always changing but for smaller areas of law then it is a lot easier to do.
Makes the law easier to find and understand focus on smaller areas of law.
7.1.3 Consolidation
Combining the law from several acts of parliament into one act of parliament.
It is different to codification as the law isn't reviewed or changed, it is just bought together in one act.
7.1.4 Repeal
The act ceases to be law, only parliament can repeal an act of parliament.
The law commission also identify old acts that aren't used anymore so parliament can repeal these acts.
7.1.5 Implementation of the law commission's proposals for reform
Up to 1990 the number of reforms made by the law commission dropped so three measures were bought in to ensure that more reforms were implemented.
The Law Commission Act 2009 amended the 1965 Act, which places a requirement on the Lord Chancellor to report to Parliament annually on the government's progress on implanting the reports.
a Protocol agreed between the government and the Law commission in march 2012, the protocol sets out that the minister for the relevant department will provide a response as soon as possible but no later than 6 months after publication and will give his final response within a year.
a dedicated parliamentary procedure to implement Law Commission reports regarded as uncontroversial, this has been in operation since 2010 and 6 acts have been passed through this procedure
7.2 Advantages and disadvantages of reform through the law commission
Advantages
Areas of law are researched by legal experts.
The Law Commission consults before finalising its proposals.
whole areas of law can be considered, not just small issues.
If Parliament enacts the reform of a whole area of law, then the law is in one act.
Reform can simplify and modernise the law.
Disadvantages
Failure of parliament to implement reforms.
Lack of Parliamentary time.
Parliament may not follow all recommendations.
Changes in wording can be made so it is considerable different to what was proposed.
Parliament don't have to consult the Law Commission on any changes.